Delta-8 Products Are Legal In Kentucky
UPDATE: November 15, 2022: Kentucky Governor Andy Beshear confirmed Delta-8 THC legality with an Executive Order declaring that Delta-8 THC is a derivative of CBD, a derivative of hemp, and therefore Delta-8 is a derivative of hemp. WYMT and many others covered the big cannabis news for Kentucky!
Over a year ago The Kentucky Hemp Association sued the state over Delta-8 THC bans and raids. Now, they celebrate a judge's ruling as “a huge win for farmers and retailers.”
The issue stems from a disagreement between The Kentucky Hemp Association and the Kentucky Department of Agriculture and the Kentucky State Police regarding the legality of Delta-8 THC, a compound found naturally in hemp plants. After a year of deliberation —on Wednesday August 3, 2022 — Boone Circuit Judge Rick Brueggemann declared Delta-8 to be a legal derivative of hemp, and issued a permanent injunction against law enforcement which prevents them from charging retailers and producers with criminal activity for selling Delta-8 products.
KYHA President Katie Moyer, in an open letter to Kentucky Hemp Association members, stated that “The Kentucky hemp industry has been a leader since 2014, and there is no reason for us to start moving backwards by banning hemp products that have already been sold in Kentucky for years." KYHA Vice President Tate Hall agreed, saying “There are many important advancements that the KYHA has been working toward, including opening up hemp to animal feed markets, legalizing hemp tea and microgreens, and improving the market for everyone. These Delta-8 raids on retailers were an obstacle that distracted us from advancing hemp in other ways, but it was a challenge we were ready and willing to face in order to protect retailers of Kentucky Proud Hemp products.”
A portion of the lawsuit, the injunction against the Kentucky Department of Agriculture, was dismissed due to a lack of standing, leaving hemp processors at risk of losing their - more - hemp licenses. However, the Final Ruling declared Delta-8 THC to be a legal derivative of hemp, leaving questions and concerns about how KDA will approach this issue in the future.
This is welcome news for the large population of Delta-8 consumers in the Bluegrass State who do not want to be bothered with unnecessary raids or difficulty purchasing products that elevate their lives. Kentuckians are encouraged to order Delta-8 Gummies to celebrate and make sure the Wake & Bake Coffee and Wake & Bake Coffee Mug is on their Holiday Gift Wishlist.
This news was reported by MJ Biz Daily and many others in the know.